Ordinance No. 79-76 •r
j
CITY OF TIGARD, OREGON
ORDINANCE NO. 79-_2L,
AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION BY AALIE L. kAWHIRTER
FOR AN AMENDMENT TO THE 1970 ZONING MAP OF THE CITY OF TIGARD, CHANGING THE ZONE
DISTRICT FOR A TRACT OF LAND AT 07TH AVENUE & MCDONALD AND DEPICTED ON WASHINGTON
COUNTY TAX MAP 2S1 TAX LOT 104, FROM WASHINGTON COUNTY "RU-4" TO CITY OF TIGARD
"R-7" SINGLE FAMILY RESIDENTIAL AND ADOPTING EXHIBITS "A", "B", & "C" GRANTING THE
APPLICATION AND FIXING i:N EFFECTIVE DATE.
THE CITY OF TIGARD ORDIANS AS FOLLOWS:
SECTION 1: Finding that the lands hereinafter described have been heretofore and
are now classified as Washington County "RU-4" and further findings
that pursuant to prescribed procedures, the above stated application for a zoning
map amendment was heard in a public hearing held by the Tigard Planning Commission
on July 17, 1979, and all interested persons were there and then afforded an oppor-
tunity to be heard, and thereafter the Planning Commission filed its report and
recommended approval with the City Recorder, a copy therefore hereto attached and
by reference made a part hereof, the Council adopts the following substantive findings.
A. That the applicant is in conformance with the Urban Low Density
Residential designation of NPO #6 Plan, and
B. That the proposed zoning is compatible with the surrounding neighborhood.
SECTION 2: THEREFORE, pursuant to the requirements of Chapter 18.88 of Tigard
Municipal Code, the applicant's request for an amendment of the Tigard
zoning map of 1970 to zone those lands described in the attached Exhibit "A" for
Single Family Residential (R-7) use is hereby approved subject to the provisions
of Chapter. 18.20 (Single Family Residential Zones) of the Tigard Municipal Code as
embodied in or exhibited by the documents submitted and identified as follows:
Exhibit "A": - Legal Description
Exhibit "B": - Staff Report
Exhibit "C": - Site Plan
And further subject to the following conditions:
1. That USA Tigard sewer service be available to the parcel prior
to issuance of building permits.
2. That ten feet of right-of-way be dedicated to the City along the
frontage of S.W. McDonald with half street improvements to collector
street standard prior to issuance of building permits.
3. No occupancy of any structure shall take place until after final in-
spect-ions have been made and Occupancy Permits have been issued by the
Building Official.
ORDINANCE No. 79-�(
ZC 11-79
4. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and changes
are approved by that department. Application for changes will be
made in writing and shall include applicable drawings, engineering
specifications and other details requested by the department. No
construction shall take place in these instances until after the
changes have been approved. Any deviation from this condition will
result in the immediate posting of a stop work order on the project
or any portion of the project.
5. That a site drainage plan be submitted and approved by the engineering
and building departments prior to issuance of permits. The plan
must specifically address the drainage of the wetlands area_
6. No Minor Land Partitions shall be made in reference to this project
unless formal application is made to the City of Tigard Planning
Department and the Minor Land Partition is approved .
7. The existing topography on the southern portion of the property which
is part of the drainage basin for the area must remain undisturbed.
Therefore, no fill or modification of any kind will be permitted unless
permission has been granted by the Planning Commi.sssion.
SECTION 3: This ordinance shall be effective on and after the 31st day after
its passage by the Council and approval of the Mayor.
PASSED: BYltaoaCali,Us vote of all Council members present this
day of , s , 1979, after being read two times by
number and title only.
/ 1 ...
recorder - City of T and
APPROVED: By the Mayor this �day of � �- 1979,
yor - City of Tigard
ORDINANCE NO. 79-
Page Z
ZC 11-79
t _
Vi U GL 1 \
%R��..-RANTY DEED(CORPORATION)
R II:'VEST`ni-T COMPANY, INC-,
e_--____�- an
TIGER-- _- - f � -/� --------- - -----
-_ corporation,hereinafter called grantor,conveys to
(State of incorporation)
ARLT_E I`ON 1AAWHIRTER and—IRFNE Kq+1FURTER, husband and wifethat real property situated in ___Washington_.__—_ County,State of Oregon,described as:
Beginning at the northwest corner of Tract 28, TICA.RDVILLE HEIGHTS,
Washington County, O.regon7 thence East along the North lime of said
Tract 28, a distance of 120 feet to the true point of beginning of
the tract herein described said point being the Northeast corner
of that certain tract described in deed to Joan Laxtan, recorded i
- Ja1uary 23, 1962, in Book 456, page 335, Washington County Deed
Records; thence South along the East line of said Laxton i'ract,
170 feet to the Southeast corner thereoft thence East parallel
with the North line of said Tract 28, 100 feet to a point; thence
South parallel with the West line of said Tract 28, 20 feet to a �
point; thence East parallel with the North line of said Tract 28,
100 fest to a point= thence North parallel with the West line of
said Tract: 28; 190 feet to a point on the North line thereof;
thence West along the North line of said Tract 28, 200 feet to
the point of beginning. .�
BOCK 85U PAGE
By_:• == -=/L : __.___ _President
By
(ATE OF OREGON,County of WasZ:$ngtonI fvc�Jr`�`'
1 ss.
_)'✓#ar1 a �` 19 72_.
/ r ,a /
Personally appeared�� "'='-tom lid- ( _._—_ —__ — _ who,being duly sworn,
did say that he is the�V,., &-,-, - r J••�� i c t '_'c�>;.:„__.,.:f' of
Ii- k—wtn.'s�gtnDanv�_ 3c-
j yg that the seal ,
Ffixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed
,,id sealed in behalf of said corporation by authority of its.Board of Directors; and he acknowledged said
,strumP 4'- luntary act and deed.
Before me:
`) 0. �� ,•: U Notary Public for Oregon
= ti ♦�R�,rt, ;°;;t I," My commission expires:���_
�►f t -m,ild include cash plus all encumbrances existing against the property to which the
or which the purchaser agrees to pay or assume.
es other property or value, add the following: "However, the actual consideration
'si +,tg ides other property or value given or promised which is part of the/the Whole
cons&;f � .71Indicate which)
NARRANTY DEED(CORPORATION _ STATE OF OREGON,
COttnC Of STATE OF OREGON ss
TIDE? 71:11P5'STMENT CO., INC:. �I Y County of Washint,!on
I certify tnat..the vc
TO on the I, Roger Thon s en Director of Records
-r,!E�ION NA5'1i I ER, tlx I� a _Olk
coc _ and Elections and Er Offc o Recorderhereby
of rtt-
Ap_ e v at--o'clock— for said county, do hereby certi fY _
on page _ R. that the within ins!run nt of writing was
received and recorded mbeak of records
ter Recording Return to: ! Witness my hand i No
MawhirLer I
of soil County
"'Arlie I,.
9780 SIT. McDonald Witness rry hand and seat offix-i-
fjTigard, Oregon 97223 (t ---_- RecordOGEP & EI-tiEN, Director of
Records 8 Ele.rinres
`47-5024 X22192 k i� p pts
' By PEO iJ $ 40 fir?7Z Deputy
STAFF REPORT -
AGENDA 5.3
TIGARD PLANNING COMMISSION
July 17, 1979 - 7:30 P.M.
Fowler Junior High School - Lecture Room
10865 S.W. Walnut Street - Tigard, Oregon
DOCKET: Zone Change ZC 11-79
APPLICANT: Mr. and Mrs. Arlie L. Mawhirter OWNER: same
9680 S.W. McDonald
Tigard, Oregon 97223
APPLICATION DATE; April 20, 1979
SITE LOCATION: 9680 S.W. McDonald and adjacent lot to the east (Wash.
Co. Tax Map 2S1 11BA, Tax Lots 200 and 104)
REQUEST; For a zone map amendment from Washington County RU-4 to City of
Tigard R-7 "Single Family Residential" on a 1.06 acre parcel.
PREVIOUS ACTION: The subject site is part of ten parcels annexed into the
City in January, 1979.
I. FINDINGS OF FACT:
1. The site is designated "Urban Low Density" on the NPO #6 Plan which
allows four dwelling units per gross acre.
2. The owners are requesting a zone change to comply with the Comprehensive
Plan.
` t 3, Applicable NPO #6 Policies for residential development are as follows:
"Density" - policy. #2 (page 3)
°°Streets" - Policy #3 (page 3) collector and local street standards
(Page 10)
"Other Services" - Policy #4 (page 31
"Site Character" - Policy #6 (page 4)
4. Tax Lot 200 has a single family unit. Tax Lot 104 is vacant. The
terrain slopes from the north to the southeast at approximately seven
per cent (7%) grade difference. The southern portion is "wetlands".
Proper site surface drainage improvement will be required at time of
site development. There is a heavy concentration of vegetation on the
South end of the property.
5. The surrounding land uses are designated "Urban Low Density" on the
Comprehensive Plan. Single family residences abut this property on
the north, south and west/with vacant property to the east.
6. A local improvement district for sewer installation has been initiated
by residents in this area, however, at this time the applicant has not
agreed to participate in the district.
",
STAFF REPORT
C
AGENDA 5.3
TIGARD PLANNING COMMISSION
July 1.7, 1979
2C 11-79 (Arlie I.. Mawhirter)
Page 2
7. Southwest McDonald Street will serve as the major circulation
facility for the site. It is designated as a "collector" street
by the NPO 46 Plan. It is presently a county street and is in
substandard condition having inadequate paving, right-of-way
width and no curbs or sidewalks.
11. CONCLUSIONA-1 Y FI14DINGS:
1. There exists a need to zone parcels that are within the city limits
to the City of Tigard Comprehensive Plan designation.
2. Southwest McDonald Street is in need of ten (10) additional feet
of right-of-way with half street improvement to collector street
standard.
3. Sanitary sewer service remains a concern since no formal agreement
has been received by the city for approval. Therefore, any develop-
ment on this property must be subject to sewer installation agree-
ment approval.
III. STAFF RECOMMENDATIONS.
Staff recommends approval subject to the following conditions:
1. That USA Tigard sewer service be available to the parcel prior
to issuance of building permits.
2. That ten feet of right-of-way be dedicated to the City along the
frontage of S.W. McDonald with half street improvements to collector
street standard prior to issuance of building permits.
3. No occupancy of any structure shall take place until after final
inspections have been made and Occupancy Permits have been issued
by the Building Official.
4. No changes will be made to approved plans or specifications unless
formal application is made to the appropriate department and changes
are approved by t%lat department. Application for changes will be
made in writing and shall include applicable drawings, engineering
specifications and other details requested by the department. No
construction shall take place in these instances until after the
changes have been approved. Any deviation from this condition will
result in the immediate posting of a stop work order on the project
or any portion of the project.
STAFF REPORT
AGENDA 5,3
TIGARD PLANNING COMMISSION
July 17, 1979
?.0 11-79 (Arlie L. Mawhirter)
Page 3
5. That a site drainage plan be submitted and approved by the engineer-
ing and building departments prior to issuance of permits. The plan
must specifically address the draining of the wetlands .area.
�' a i- rAfarence to this project
6. No Minor Land Partitions shat" AAV
-..lade P
unless formal application is made to the City of Tigard Planning
Department and the Minor Land Partition is approved.
7. The existing topography on the southern portion of the property
which is part of the drainage basin for the area must remain undis-
turbed. Therefore, no fill. or modification of any kind will be
permitted unless p x _i -,ion has been granted by the Planning Com-
4
mission.
F
Report prepared by KeVSe Report reveiwed by Al ie r and
As City Planner P1 it g Director
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